The Principle of Integration in International Watercourse Cooperation Regimes

Erscheinungsjahr 2025
ISBN: 978-90-04-73674-0
Verlag: Brill

Buch, Englisch, Band 29, 352 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 694 g

Reihe: Legal Aspects of Sustainable Development

The principle of integration is the backbone of sustainable development, yet its practical application remains elusive. How can States integrate the economic, social and environmental dimensions in the governance of common goods? This book seeks to address this question by examining a particularly sensitive domain of cooperation: the international watercourses. From the Mekong to the Senegal River and from the Great Lakes to the Danube, it analyses the legal and institutional instruments of nine international watercourse cooperation regimes to determine how the principle of integration is put into practice. This book finds that there are several instruments underutilised or entirely unused, offering potential opportunities for improvement.

Autoren/Hrsg.

Pallàs Secall, Pol

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Verwaltungs-, Umwelt- und Gesundheitsrecht

Inhaltsverzeichnis

Series Editor’s Preface

Acknowledgements

Acronyms

General Introduction 1 The Challenge of Integration to Achieve Sustainable Development in International Law 2 Integration in the Context of the Cooperation on International Watercourses: Object, Scope and Structure of the Book 3 Case Studies

Part 1: The Principle of Integration of the Economic, Social and Environmental Dimensions and the Sustainable Governance of International Watercourses

Introduction

1 The Integration of the Economic, Social and Environmental Dimensions of Sustainable Development as a Norm 1 The Emergence of a Notion of Integration of the Economic, Social and Environmental Dimensions of Sustainable Development 2 The Legal Nature of the Principle of Integration 3 The Normative Content of the Principle of Integration

2 The Principle of Integration and International Watercourse Cooperation Frameworks 1 International Watercourses and Sustainable Development: Issues of Mutual Concern 2 Drivers of the Application of the Principle of Integration in International Watercourse Law 3 The Principle of Cooperation and Its Institutionalisation

3 The Principle of Integration and the Substantive Obligations of International Watercourses Law 1 The Substantive Obligations 2 Internal Integration of Substantive Obligations as the Basis for Legal Integration

4 The Principle of Integration in the Framework of the Procedural Obligations Set by International Watercourse Law 1 The Procedural Obligations 2 External Integration of Substantive Obligations and Procedural Rules as the Basis for Institutional Integration

Part 2: Mechanisms for the Legal Integration of the Economic, Social and Environmental Dimensions in International Watercourse Regimes

Introduction

5 The Inclusion of a Mandate of Legal Integration in International Basin Agreements 1 Indirect Inclusion of the Principle of Integration through Sustainable Development as a Goal of International Basin Agreements 2 Direct Inclusion of the Principle of Integration in International Basin Agreements

6 Legal Integration through Normative Integration Techniques: Inter-Disciplinary Integration 1 Treaty References to Specific Norms Regulating a Dimension of Sustainable Development: Inter-Treaty References 2 General Treaty References to Regimes Regulating a Dimension of Sustainable Development: Inter-Regime References 3 Other Integrative Inter-Disciplinary Techniques

7 Legal Integration through Norms that Promote the Consideration of Economic, Social and Environmental Values in the Application of International Basin Agreements 1 The Inclusion of the Different Values of Sustainable Development in International Basin Agreements: Intra-Treaty Integration 2 Integrative Principles Guiding the Implementation of International Basin Agreements 3 The Use in International Basin Agreements of Integrative Approaches Developed by Soft Law Instruments

8 Legal Integration through Mechanisms for the Resolution of International Watercourse Disputes 1 Integration through Teleological Interpretation of Treaties 2 Integration through Interpretation of Evolutionary Terms 3 Integration through the Interpretation of Open-Textured Obligations

Part 3: Mechanisms of Institutional Integration of the Economic, Social and Environmental Dimensions in International Watercourses Regimes

Introduction

9 Institutional Conditions for an Integrated Decision-Making Process 1 Conditions for International River Basin Organisations to Promote Integration: Mandate and Capacity 2 Mechanisms for an Informed Decision-Making Process that Enable Institutional Integration 3 Mechanisms for a Participatory Decision-Making Process that Enable Institutional Integration

10 Institutional Integration in the Elaboration of an International Basin Policy: Policy-Specific Integration 1 Methods for Informed Decision-Making Processes Regarding Public Policies 2 Involvement of Stakeholders in Policy Development 3 Integrated Policy Approaches

11 Institutional Integration in the Management of International River Basins: Management-Specific Integration 1 Methods for Informed Management of International Watercourses 2 Involvement of Stakeholders for Integrated Management of International Watercourses 3 Integrated Management Approaches

12 Institutional Integration in the Planning of Projects Affecting International Watercourses: Project-Specific Integration 1 Methods for Informed Decision-Making at Project Level 2 Involvement of Stakeholder in Project Planning and Implementation

13 Final Conclusions 1 The Emergence, Content and Nature of the Principle of Integration 2 Recognition of the Principle of Integration in the Context of International Watercourse Law 3 The Legal Integration of the Economic, Social and Environmental Dimensions in the Context of International Watercourse Law 4 The Institutional Integration of the Economic, Social and Environmental Dimensions in the Context of International Watercourse Law 5 The Contribution of the Principle of Integration to International Environmental Law within the Context of International Watercourse Law

Bibliography

Treaties

Case Law

Index

Über Autor(innen)

Pol Pallàs Secall, Ph.D., is Assistant Professor of International Public Law and International Relations at the University of Barcelona. His research focuses on emerging legal and institutional topics in Sustainable Development and International Watercourses Law.